Preview
iD: YORK OUN PK DM INDEX NO. 154456/2024
NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 05/14/2024
EXHIBIT “F”
UNOW 1 /03/2028024:
00: OB) PM) INDEX ONG. 119445642024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024
BILED: NEW YORK COUNTY CLERK
ae NC CE
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT:
HON. JENNIFERG. SC
HECTER
PART
oy
<, G Seat OR PAS
zeepont ion /@1/39-16
WNOEXWO,
MOTION DATE
Metroph Tien) L fe ee
MOTION SEQ. NO. /
The following papers, numbered 1to____ , Were read on this motion toffor
Notice of Motion/Order to Show Causo — Affidavits— — shit, Io)
Answering Affidavits— Exhibits [No(s).
Replying Affidavits PNo(s)
Upon the foregoing papers, itis ordered that this motion’is
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CASE DISPOSED
GRANTED — §YbeNleD
CUSETTLE ORDER
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IN PART
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NYSCEF DO NO EGE EI Q 12024
Tit OR} OUN LERK 0 |
NY EL EF:
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT:
HON. JENNIFER G. SCHECTER PART Bi 4
15 5473-/€
Justice
Dew! Fol, Lc INDEX NO.
MOTION DATE
TION SEQ. NO. /
Meteopo litany Fis Ab frente
The following papers, numbered 1 to , Were read on this motion to/for
Notice of Motion/Orderto Show Cause — Affidavits — Exhibits J No(s).
Answering Affidavits— Exhibits [ No(s).
Replying Affidavits [ Nojs).
Upon the foregoing papers, it is ordered that this motionis—
pre coed — hos heen
vw). thot
Ponce :
sme Ae he
HON. J
J.S.C.
1. CHECK ONE: sessesssesee CASE DISPOSED NON-FINAL DISPOSITION
2. CHECK AS APPROPRIATE: MOTION IS: (-]GRANTED CDENIED CIGRANTED IN PART CotHer
3. CHECK IF APPROPRIATE: suse LC) SETTLE ORDER Cisuemit orver
(Do not Post CIFIDUCIARY APPOINTMENT [REFERENCE
Shi OW ON INDEX ONG. 119445642024
NYSCER DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024
(FILED: NEW YORK COUNTY CLERK 11/2572013)5°982/2013
SCEF : 31/25/2013
NYSCEF SO8keml GouRr OF THE STATE OF NEW YORK NEW YOR K COUNTY
PRESENT: Sach RevccA PART S9
Justice
=
TS lWUgnquonty Ajs104 71005 OR eu PMI INDEX NO. 19
US7 i
SUPREME COURT OF THE STATE OF NEW YORK -
NEW YORK COUNTY
PRESENT: JENNIFER G. SCHECTER PART 54
Justice
JLC CAPITAL FUNDING, LLC INDEX NO. 151290/2019
MOTION DATE 03/29/2019
HILL, DARNELL MOTION SEQ. NO. 001
The following papers, numbered 1 to 1 .were read on this motion to/for apprv transfer
Notice of Motion/Order to Show Cause - Affidavits - Exhibits No(s) 1
Answering Affidavits - Exhibits No(s)
Replying Affidavits No(s)
Cross Motion No
Upon the foregoing signee Siesacdonni WEtninRina- ana
After a hearing on the record, the petition is denied. The transaction is not in the payee’s best
interest considering his circumstances including that he has a young dependent. Significantly,
although the payee would receive $105,000 now if the transaction were approved, he would
ultimately receive more than $150,000 over that amount (approximately $255,027.36) by 2042 if
he waits. Considering that the payee is only 32, has no substantial savings, is recently newly
employed and has a son under 10, the substantial value that he would forego cannot be ignored.
Additionally, the payee received almost $100,000 pursuant to a transfer just a few years ago and
the money is all gone in a short amount of time. Under these circumstances, it is ORDERED and
ADJUDGED that the petition is denied. This is the decision, order and judgment of the court.
DATED: 41312019
JENNI R G. SCHECTER, J.S.C.
1, CHECK ONE [x] case pigroseo (J non-ri DISPOSITION
2. CHECK AS APPROPRIATE : motionis: [_]GRanteD [x]DENIED [_] GRANTELIN PART Clotner
3. CHECK IF APPROPRIATE ; (F] serie orver (J susmit orver
[) vonotrost [_]Fiouciary APPOINTMENT [_]REFERENCE
151290/2019 Motion No. 001
JLC CAPITAL FUNDING, LLC VS. HILL, DARNELL 1 f Page
1 of 4
NOW INDEX ONG. 119445642024
nec NYSCEF:, 05/24/2024
\PYLED:
NY E
“WERW YORE COUNTY CLERK 06/02/2022 12:31 PM
Y € ¢
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. JENNIFER SCHECTER PART 54
Justice
eaensns x INDEX NO. 151635/2022
IN THE MATTER OF THE PETITION OF J.G.
WENTWORTH ORIGINATIONS, LLC,
MOTION DATE 05/31/2022
Petitioner, MOTION SEQ. NO. 001
-V-
METROPOLITAN LIFE INSURANCE COMPANY,
DECISION + ORDER
METROPOLITAN TOWER LIFE INSURANCE COMPANY
Respondents.
x
The following e-filed documents, listed by NYSCEF document number (Motion 001) 11, 13
were read on this motion to/for STRUCTURED SETTLEMENT - TRANSFER __
Upon the foregoing documents and, after a hearing on the record, it is ORDERED
and ADJUDGED that the petition is denied as it is not in the payee’s best interest.
The transaction would not afford him sufficient value and his future payments will
ensure that the payee has a continuing source of income.
7or20407101315.50HEC Y 47420 BADE IOS
6/2/2022
DATE JENNIFER SCHECTER, J.S.C.
CHECK ONE: CASE DISPOSED
GRANTED [zoo [ NON-FINAL DISPOSITION
GRANTEDIN PART O OTHER
151635/2022 IN THE MATTER OF THE PETITION OF J.G. WENTWORTH ORIGINATIONS, LLC Page
1 of 1
vs. METROPOLITAN LIFE INSURANCE COMPANY ET AL
Motion No, 001
=e INDEX ONG. 119445642024
So DYUNOW BK [03/2028 q oD ]PM)
WSCEE DEC. NO. 8 RECEIVED WYSCER 05/ 24/2024
N 014
FILED: NEW YORK COUNTY CLERK 03/09/2015 03:28 PM
3 5
EW YORK
NY N 1 3/0
‘SUPREME COURT OF THE STATE OF N
NEW YORK COUNTY
7
Wooten PART
ances)
PRESENT:
Justice
BoF/ Feosess Gaur 26 Re /SY
MOTION DATE
MOTION SEQ. NO. os
S NAVE “ Mie.
The following papers, numbered 1 to , Were read on this motion to/for
Notice of Motion/Order to Show Cause — Affidavits — Exhibits [Nojs).
Answering Affidavits — Exhibits J No(s).
Replying Affidavits J Nojs).
Upon the foregoing papers, it is ordered that this motion ond RAIAQ
QW av
Braswtked, wo RGUSTHOM Nowimg Lear eLeewed, and
Pre whim order tS Sianed.
nae apsis
1. CHECK ONE: 4B case DISPOSED
, Paul Wooten
Ny x
C NON-FINAL DISPOSITION
JSC.
2. CHECK AS APPROPRIATE: MOTION IS: (1) GRANTED OCODENIED CIGRANTED IN PART COoTHER
3. CHECK IF APPROPRIATE: . CISETTLE ORDER C suBMIT ORDER
(DO NOT POST CJFIDUCIARY APPOINTMENT (COREFERENCE
NOW 783 /7Z0ZH022 : 00: OB) PM INDEX ONG. 119445642024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024
Peso [lPaul Wooten
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eecnnnnnnnnnenesensennnenaenncnnnnnmen aX
In the Matter of the Petition of BOF]
FEDERAL BANK, Index No.: 652696/2014
Petitioner,
For Approval of the Sale and Transfer of
Structured Settlement Payment Rights of
DARNELL HILL in Accordance with
Gen. Oblig. Law § 5-1701, et seq.
-against-
DARNELL HILL, METROPOLITAN
TOWER LIFE INSURANCE COMPANY,
and METROPOLITAN LIFE INSURANCE
COMPANY.
Respondents.
ec eceeneneserrwseenererennenssewersnscoressecsensncesse,
JPROPOSED| DECISION AND ORDER
AND NOW, this . day of October, 2014, upon consideration of the unopposed
petition of Bofl Federal Bank (“Bofl”). the Court hereby finds as follows:
1. The transfer of the structured settlement proceeds, specifically:
. One lump sum payment in the amount of $63,728.00 due and payable on or about
February 8, 2018; and
One lump sum payment in the amount of $87,335.00 due and payable on or about
February 8, 2023
(collectively, the “Assigned Payments”). by Darnell Hill (“Hill”) to Bofl as described in the
petition in this matter and in the purchase agreement (the “lransfer Agreement”) between Hill
and Bofl (the “Proposed Transfer”) (i) does not contravene any applicable Federal or State
statute or the order of any court or responsible administrative or other government authority, and
NOW INDEX ONG. 119445642024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024
(ii) is in the best interest of Hill, taking into account the welfare and support of Hill's
dependents, if any, and the transaction, including the discount rate used to determine the gross
advance amount and the fees and expenses used to determine the net advance amount, are fair
and reasonable.
2 Not less than ten (10) days prior to the date on which Hill signed the Transfer
Agreement with respect to the Proposed Transfer, Bofl provided to Hill a disclosure statement in
full compliance with N.Y. Gen. Oblig. § 5-1703.
3 Bofl has timely filed and served on all interested parties, including Metropolitan
Tower Life Insurance Company and Metropolitan Life Insurance Company (collectively
“Metropolitan Life”), the Proposed Transfer, a copy of the Transfer Agreement, a copy of the
disclosure statement and proof of notice of the disclosure statement, and a listing of Hill’s
dependents. in compliance with the requirements of N.Y. Gen Oblig. § 5-1705(c) & (d).
4 Hill has been advised in writing by Bofl to seek independent professional advice
regarding the Proposed Transfer and has either received such advice or knowing
ly waived such
advice in writing.
5 The Transfer Agreement and all disclosures are written in plain language and
in
compliance with N.Y. Gen. Oblig. § 5-702.
6 The Proposed Transfer complies with the requirements of the Structured
Settlement Protection Act, N.Y. Gen. Oblig. § 5-1701, et seg., and 26 U.S.C.
§ 5891, and will
not contravene other applicable law.
7. Bot! has assigned its right and interest in the Transfer Agreement, including
the
right to receive the Assigned Payments, to Bofl Structured Settlement Receiva
bles, LLC (“Bofl
SSR”).
ers TGRRADG INDEX ONG. 19445642024
UROW BK ]PM)
WYSCEE DEC. NO. 8 RECEIVED NYSCEF: 05/24/2024
Based upon the foregoing findings, IT IS HEREBY ORDERED that:
8 The instant application and Petition of Bofl is granted without opposition.
9 Pursuant to N.Y. Gen. Oblig. § 5-1701, ef seg., the Proposed Transfer is
approved. Until the due date of the last Assigned Payment, the designated beneficiary under the
annuity contract number 8281 72283 shall be the estate of Hill. However, Bofl SSR shall be
entitled to receive the Assigned Payments even in the event of Hill’s death, and Hill understands
he is giving up his rights, and the rights of his heirs, successors and/or beneficiarics, to the
Assigned Payments.
10. Metropolitan Life shall forward the Assigned Payments, within seven (7) days of
the date due, to Bofl’s designated assignee, Bofl SSR, by check made payable to “Bofl
Structured Settlement Receivables, LLC” at the following address:
B of J Structured Settlement Receivables, LLC
Attn: Loan Servicing. Ref: 58017252
PO Box 509144
San Diego, CA 92150-9144
or to any other address as designated in writing by Bofl or its successors and/or assigns without
further order of this Court.
11. Hill agrees to defend. indemnify and hold harmless Bofl and its officers,
directors, shareholders, employees. and its successors and assigns (collectively referred to as the
“Purchaser Parties”) from any and all claims, demands, damages, losses, actions, liabilities,
causes of action or judgment (including attorney’s fees) which any one of the Purchaser Parties
may be required to pay or which may be asserted against any one of the Purchaser Parties by
reason of any claim to the Assigned Payments made by any person, entity, firm, or corporation
other than Hill or a party on Hill’s behalf.
NOW [8372070024 : 00: OB) PM) INDEX ONG. 119445642024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024
12. Within ten (10) days of the entry of this Decision and Order, Metropolitan Life
shall issue a letter acknowledging that it will comply with the terms of this Decision and Order,
and such letter shall be delivered to Bofl Federal Bank at 4350 La Jolla Village Drive, Suite 100,
San Diego, California 92122.
3, This Order shall be binding on Bofl, Hill, Metropolitan Life, and their respective
past, present and future directors. shareholders, officers, agents, employees, servants, successors,
heirs, executors, administrators, and assigns.
14. This Order constitutes a af Order of this Court and a “ ualified Order” within
thé meaning of 26 U.S.C. § 58
phi
ENTER:
Presiding Judge Pay Wooten
ore
INDEX NO. 154456/2024.-
NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 05/14/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SCHENECTADY
-X
LABYRINTH FUNDING LLC,
Petitioner(s),
Index No.: 2024-671
For Judicial Approval of a Transfer Agreement
In Accordance with New York General Obligations Law
§5-1701, et seq.,
NOTICE OF DISCONTINUANCE
~against-
DARNELL HILL, METROPOLITAN LIFE INSURANCE
COMPANY and METROPOLITAN TOWER LIFE
INSURANCE COMPANY f/k/a METROPOLITAN
INSURANCE AND ANNUITY COMPANY
Respondents.
aoe Xx
SIRS:
PLEASE TAKE NOTICE that, pursuant to CPLR §3217(a\(1), the undersigned, the
attorney for the within Petitioner, hereby discontinues the above-entitled action without costs to
either party as against the other.
Dated: New York, NY
May 10, 2024
ly Yo
JOHN/S. POKALSKY, ESQ.
Attorney for Petitioner
277 Broadway, Suite 1405
New York, NY 10007
(212) 227-2305
TO: Darneli Hill Metropolitan Tower Metropolitan Life
1295 Amsterdam Ave, 4C Life Insurance Company Insurance Company
New York, NY 10027 1 Madison Ave. 1 Madison Ave.
New York, NY 10010 New York, NY 10010
Preview
iD: YORK OUN PK DM INDEX NO. 154456/2024 NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 05/14/2024 EXHIBIT “F” UNOW 1 /03/2028024: 00: OB) PM) INDEX ONG. 119445642024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024 BILED: NEW YORK COUNTY CLERK ae NC CE SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JENNIFERG. SC HECTER PART oy <, G Seat OR PAS zeepont ion /@1/39-16 WNOEXWO, MOTION DATE Metroph Tien) L fe ee MOTION SEQ. NO. / The following papers, numbered 1to____ , Were read on this motion toffor Notice of Motion/Order to Show Causo — Affidavits— — shit, Io) Answering Affidavits— Exhibits [No(s). Replying Affidavits PNo(s) Upon the foregoing papers, itis ordered that this motion’is iA di cetad he_ den wed fre Page My erced OAs lees per Weest Pe Pre xt Fyoinsachon * was 5 o@ no es 26 wa oo <0 6a Sw SF cw Mi 26 onne 2/24 za 1 J5£. HON. JENNIFER SCHECTER 4, 2, 3. CHECK ONE: CHECK AS APPROPRIATI CHECKIF APPROPRIATE: . als JOTION IS: .. CASE DISPOSED GRANTED — §YbeNleD CUSETTLE ORDER CGRAI JON-FINAL pREDETON IN PART TM susmit ORDER LJOTHER (00 Not Fost (FIDUCIARY APPOINTMENT COREFERENCE er et 1 SEE oh sient UROW /03/2022024 00: OB) PM) TNDEXAB. nasaase A2C24 NYSCEF DO NO EGE EI Q 12024 Tit OR} OUN LERK 0 | NY EL EF: SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JENNIFER G. SCHECTER PART Bi 4 15 5473-/€ Justice Dew! Fol, Lc INDEX NO. MOTION DATE TION SEQ. NO. / Meteopo litany Fis Ab frente The following papers, numbered 1 to , Were read on this motion to/for Notice of Motion/Orderto Show Cause — Affidavits — Exhibits J No(s). Answering Affidavits— Exhibits [ No(s). Replying Affidavits [ Nojs). Upon the foregoing papers, it is ordered that this motionis— pre coed — hos heen vw). thot Ponce : sme Ae he HON. J J.S.C. 1. CHECK ONE: sessesssesee CASE DISPOSED NON-FINAL DISPOSITION 2. CHECK AS APPROPRIATE: MOTION IS: (-]GRANTED CDENIED CIGRANTED IN PART CotHer 3. CHECK IF APPROPRIATE: suse LC) SETTLE ORDER Cisuemit orver (Do not Post CIFIDUCIARY APPOINTMENT [REFERENCE Shi OW ON INDEX ONG. 119445642024 NYSCER DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024 (FILED: NEW YORK COUNTY CLERK 11/2572013)5°982/2013 SCEF : 31/25/2013 NYSCEF SO8keml GouRr OF THE STATE OF NEW YORK NEW YOR K COUNTY PRESENT: Sach RevccA PART S9 Justice = TS lWUgnquonty Ajs104 71005 OR eu PMI INDEX NO. 19 US7 i SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: JENNIFER G. SCHECTER PART 54 Justice JLC CAPITAL FUNDING, LLC INDEX NO. 151290/2019 MOTION DATE 03/29/2019 HILL, DARNELL MOTION SEQ. NO. 001 The following papers, numbered 1 to 1 .were read on this motion to/for apprv transfer Notice of Motion/Order to Show Cause - Affidavits - Exhibits No(s) 1 Answering Affidavits - Exhibits No(s) Replying Affidavits No(s) Cross Motion No Upon the foregoing signee Siesacdonni WEtninRina- ana After a hearing on the record, the petition is denied. The transaction is not in the payee’s best interest considering his circumstances including that he has a young dependent. Significantly, although the payee would receive $105,000 now if the transaction were approved, he would ultimately receive more than $150,000 over that amount (approximately $255,027.36) by 2042 if he waits. Considering that the payee is only 32, has no substantial savings, is recently newly employed and has a son under 10, the substantial value that he would forego cannot be ignored. Additionally, the payee received almost $100,000 pursuant to a transfer just a few years ago and the money is all gone in a short amount of time. Under these circumstances, it is ORDERED and ADJUDGED that the petition is denied. This is the decision, order and judgment of the court. DATED: 41312019 JENNI R G. SCHECTER, J.S.C. 1, CHECK ONE [x] case pigroseo (J non-ri DISPOSITION 2. CHECK AS APPROPRIATE : motionis: [_]GRanteD [x]DENIED [_] GRANTELIN PART Clotner 3. CHECK IF APPROPRIATE ; (F] serie orver (J susmit orver [) vonotrost [_]Fiouciary APPOINTMENT [_]REFERENCE 151290/2019 Motion No. 001 JLC CAPITAL FUNDING, LLC VS. HILL, DARNELL 1 f Page 1 of 4 NOW INDEX ONG. 119445642024 nec NYSCEF:, 05/24/2024 \PYLED: NY E “WERW YORE COUNTY CLERK 06/02/2022 12:31 PM Y € ¢ SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JENNIFER SCHECTER PART 54 Justice eaensns x INDEX NO. 151635/2022 IN THE MATTER OF THE PETITION OF J.G. WENTWORTH ORIGINATIONS, LLC, MOTION DATE 05/31/2022 Petitioner, MOTION SEQ. NO. 001 -V- METROPOLITAN LIFE INSURANCE COMPANY, DECISION + ORDER METROPOLITAN TOWER LIFE INSURANCE COMPANY Respondents. x The following e-filed documents, listed by NYSCEF document number (Motion 001) 11, 13 were read on this motion to/for STRUCTURED SETTLEMENT - TRANSFER __ Upon the foregoing documents and, after a hearing on the record, it is ORDERED and ADJUDGED that the petition is denied as it is not in the payee’s best interest. The transaction would not afford him sufficient value and his future payments will ensure that the payee has a continuing source of income. 7or20407101315.50HEC Y 47420 BADE IOS 6/2/2022 DATE JENNIFER SCHECTER, J.S.C. CHECK ONE: CASE DISPOSED GRANTED [zoo [ NON-FINAL DISPOSITION GRANTEDIN PART O OTHER 151635/2022 IN THE MATTER OF THE PETITION OF J.G. WENTWORTH ORIGINATIONS, LLC Page 1 of 1 vs. METROPOLITAN LIFE INSURANCE COMPANY ET AL Motion No, 001 =e INDEX ONG. 119445642024 So DYUNOW BK [03/2028 q oD ]PM) WSCEE DEC. NO. 8 RECEIVED WYSCER 05/ 24/2024 N 014 FILED: NEW YORK COUNTY CLERK 03/09/2015 03:28 PM 3 5 EW YORK NY N 1 3/0 ‘SUPREME COURT OF THE STATE OF N NEW YORK COUNTY 7 Wooten PART ances) PRESENT: Justice BoF/ Feosess Gaur 26 Re /SY MOTION DATE MOTION SEQ. NO. os S NAVE “ Mie. The following papers, numbered 1 to , Were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits [Nojs). Answering Affidavits — Exhibits J No(s). Replying Affidavits J Nojs). Upon the foregoing papers, it is ordered that this motion ond RAIAQ QW av Braswtked, wo RGUSTHOM Nowimg Lear eLeewed, and Pre whim order tS Sianed. nae apsis 1. CHECK ONE: 4B case DISPOSED , Paul Wooten Ny x C NON-FINAL DISPOSITION JSC. 2. CHECK AS APPROPRIATE: MOTION IS: (1) GRANTED OCODENIED CIGRANTED IN PART COoTHER 3. CHECK IF APPROPRIATE: . CISETTLE ORDER C suBMIT ORDER (DO NOT POST CJFIDUCIARY APPOINTMENT (COREFERENCE NOW 783 /7Z0ZH022 : 00: OB) PM INDEX ONG. 119445642024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024 Peso [lPaul Wooten SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eecnnnnnnnnnenesensennnenaenncnnnnnmen aX In the Matter of the Petition of BOF] FEDERAL BANK, Index No.: 652696/2014 Petitioner, For Approval of the Sale and Transfer of Structured Settlement Payment Rights of DARNELL HILL in Accordance with Gen. Oblig. Law § 5-1701, et seq. -against- DARNELL HILL, METROPOLITAN TOWER LIFE INSURANCE COMPANY, and METROPOLITAN LIFE INSURANCE COMPANY. Respondents. ec eceeneneserrwseenererennenssewersnscoressecsensncesse, JPROPOSED| DECISION AND ORDER AND NOW, this . day of October, 2014, upon consideration of the unopposed petition of Bofl Federal Bank (“Bofl”). the Court hereby finds as follows: 1. The transfer of the structured settlement proceeds, specifically: . One lump sum payment in the amount of $63,728.00 due and payable on or about February 8, 2018; and One lump sum payment in the amount of $87,335.00 due and payable on or about February 8, 2023 (collectively, the “Assigned Payments”). by Darnell Hill (“Hill”) to Bofl as described in the petition in this matter and in the purchase agreement (the “lransfer Agreement”) between Hill and Bofl (the “Proposed Transfer”) (i) does not contravene any applicable Federal or State statute or the order of any court or responsible administrative or other government authority, and NOW INDEX ONG. 119445642024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024 (ii) is in the best interest of Hill, taking into account the welfare and support of Hill's dependents, if any, and the transaction, including the discount rate used to determine the gross advance amount and the fees and expenses used to determine the net advance amount, are fair and reasonable. 2 Not less than ten (10) days prior to the date on which Hill signed the Transfer Agreement with respect to the Proposed Transfer, Bofl provided to Hill a disclosure statement in full compliance with N.Y. Gen. Oblig. § 5-1703. 3 Bofl has timely filed and served on all interested parties, including Metropolitan Tower Life Insurance Company and Metropolitan Life Insurance Company (collectively “Metropolitan Life”), the Proposed Transfer, a copy of the Transfer Agreement, a copy of the disclosure statement and proof of notice of the disclosure statement, and a listing of Hill’s dependents. in compliance with the requirements of N.Y. Gen Oblig. § 5-1705(c) & (d). 4 Hill has been advised in writing by Bofl to seek independent professional advice regarding the Proposed Transfer and has either received such advice or knowing ly waived such advice in writing. 5 The Transfer Agreement and all disclosures are written in plain language and in compliance with N.Y. Gen. Oblig. § 5-702. 6 The Proposed Transfer complies with the requirements of the Structured Settlement Protection Act, N.Y. Gen. Oblig. § 5-1701, et seg., and 26 U.S.C. § 5891, and will not contravene other applicable law. 7. Bot! has assigned its right and interest in the Transfer Agreement, including the right to receive the Assigned Payments, to Bofl Structured Settlement Receiva bles, LLC (“Bofl SSR”). ers TGRRADG INDEX ONG. 19445642024 UROW BK ]PM) WYSCEE DEC. NO. 8 RECEIVED NYSCEF: 05/24/2024 Based upon the foregoing findings, IT IS HEREBY ORDERED that: 8 The instant application and Petition of Bofl is granted without opposition. 9 Pursuant to N.Y. Gen. Oblig. § 5-1701, ef seg., the Proposed Transfer is approved. Until the due date of the last Assigned Payment, the designated beneficiary under the annuity contract number 8281 72283 shall be the estate of Hill. However, Bofl SSR shall be entitled to receive the Assigned Payments even in the event of Hill’s death, and Hill understands he is giving up his rights, and the rights of his heirs, successors and/or beneficiarics, to the Assigned Payments. 10. Metropolitan Life shall forward the Assigned Payments, within seven (7) days of the date due, to Bofl’s designated assignee, Bofl SSR, by check made payable to “Bofl Structured Settlement Receivables, LLC” at the following address: B of J Structured Settlement Receivables, LLC Attn: Loan Servicing. Ref: 58017252 PO Box 509144 San Diego, CA 92150-9144 or to any other address as designated in writing by Bofl or its successors and/or assigns without further order of this Court. 11. Hill agrees to defend. indemnify and hold harmless Bofl and its officers, directors, shareholders, employees. and its successors and assigns (collectively referred to as the “Purchaser Parties”) from any and all claims, demands, damages, losses, actions, liabilities, causes of action or judgment (including attorney’s fees) which any one of the Purchaser Parties may be required to pay or which may be asserted against any one of the Purchaser Parties by reason of any claim to the Assigned Payments made by any person, entity, firm, or corporation other than Hill or a party on Hill’s behalf. NOW [8372070024 : 00: OB) PM) INDEX ONG. 119445642024 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/24/2024 12. Within ten (10) days of the entry of this Decision and Order, Metropolitan Life shall issue a letter acknowledging that it will comply with the terms of this Decision and Order, and such letter shall be delivered to Bofl Federal Bank at 4350 La Jolla Village Drive, Suite 100, San Diego, California 92122. 3, This Order shall be binding on Bofl, Hill, Metropolitan Life, and their respective past, present and future directors. shareholders, officers, agents, employees, servants, successors, heirs, executors, administrators, and assigns. 14. This Order constitutes a af Order of this Court and a “ ualified Order” within thé meaning of 26 U.S.C. § 58 phi ENTER: Presiding Judge Pay Wooten ore INDEX NO. 154456/2024.- NYSCEF BOC. NO. 8 RECEIVED NYSCEF: 05/14/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SCHENECTADY -X LABYRINTH FUNDING LLC, Petitioner(s), Index No.: 2024-671 For Judicial Approval of a Transfer Agreement In Accordance with New York General Obligations Law §5-1701, et seq., NOTICE OF DISCONTINUANCE ~against- DARNELL HILL, METROPOLITAN LIFE INSURANCE COMPANY and METROPOLITAN TOWER LIFE INSURANCE COMPANY f/k/a METROPOLITAN INSURANCE AND ANNUITY COMPANY Respondents. aoe Xx SIRS: PLEASE TAKE NOTICE that, pursuant to CPLR §3217(a\(1), the undersigned, the attorney for the within Petitioner, hereby discontinues the above-entitled action without costs to either party as against the other. Dated: New York, NY May 10, 2024 ly Yo JOHN/S. POKALSKY, ESQ. Attorney for Petitioner 277 Broadway, Suite 1405 New York, NY 10007 (212) 227-2305 TO: Darneli Hill Metropolitan Tower Metropolitan Life 1295 Amsterdam Ave, 4C Life Insurance Company Insurance Company New York, NY 10027 1 Madison Ave. 1 Madison Ave. New York, NY 10010 New York, NY 10010